Thanks for Commenting
It might be informative to read the actual court opinion on Mike McEntee's behavior as "an involved citizen in a nonpartisan race." http://www.fedcir.gov/opinions/0...ons/04-
3066.pdf
Thanks, I actually had a hard time finding it, but now that I've read all 28 pages, here are some thoughts.
First, let's visit the intent of the law:
"The Act drew on rules promulgated by the Civil Service Commission that were designed to prevent merit system employees from "using [their] official authority or influence either to coerce the political action of any person or body or to interfere with any election." S. Rep. 103-57 at 2, reprinted in 1993 U.S.C.C.A.N. 1802, 1803 (1993); see also United States Civil Serv. Comm’n v. Nat’l Ass’n of Letter Carriers, 413 U.S. 548, 560 (1973)."
Ok, somehow I find it hard to believe that holding the position of air traffic controller puts Mike McEntee in a position to influence or coerce any type of political action.
Second, let's look at the language of the law:
"The key language in the current statutory structure, as applied by the Board, is the term "partisan political office." The statute defines a "partisan political office" as "any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected." 5 U.S.C. § 7322(2) (2000)."
McEntee was not nominated or elected by the Republican Party. Furthermore, endorsement by Republicans did not result in him being elected to office. Had he been elected then maybe a case could have been made for the relevance of the above definition.
Finally, consider the bigger picture. The Hatch Act is blatantly unconstitutional as it is a law made by Congress "abridging the freedom of speech." Mike McEntee described himself as a "Conservative Republican" in campaign literature. I'm sure he also described himself as a husband, a father, a former city councilor, a member of the community, an air traffic controller, etc. The court, in their LACK of infinite wisdom, focused on the use of one descriptive word in order to transform a nonpartisan race into a partisan race with little concern of the actual intent of the law.
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